What is the name of your state (only U.S. law)? Florida
After a difficult 7 year marriage I filed for divorce. The divorce was finalized in Florida, and we entered into a Marital Settlement Agreement stating that I have primary physical residence of our 3 children and he pays support directly to me on a monthly basis, which was adopted by the court and included in the Final Judgment, dated November 2011. Each month he has paid that obligation via EFT from his bank account to mine.
After the final judgment was entered he moved to Texas, was arrested for trafficking marijuana, and was given a deferred sentence pending his successful completion of felony probation. He faces 10 years in prison for violation of probation.
On October 1st, he was arrested for DWI and is being held in the El Paso County Jail. He has violated the terms of his probation as follows, and is being charged in Texas with:
2. Drinking alcohol
3. Failure to pay child support to his first wife (Last payment to her was in January)
4. Driving on a suspended Florida license (support delinquency suspension via FL Child Support Enforcement)
He has an attorney for the above mentioned case, and his Arraignment/Pretrial is set for tomorrow. His roommate has been in constant contact with him and has informed me of the previously stated facts. From what she's told me, he's likely only facing a few months in the county jail and 9 months in a rehabilitation facility. I can't verify that, being as it's 3rd party information.
Having said all of that...
He is now 2 months behind in his support payments to me, and has yet to notify the Florida courts or Child Support Enforcement that he moved to Texas last year. He has MY address listed as his current address on his drivers license, and in all of his Florida cases.
Obviously, he can't pay child support if he's in jail. However, he still receives a monthly pension via EFT. I'd like to file for a downward modification of support and request that it be garnished from his bank account until he is released, at which time he can begin making the payments himself.
Here are my questions:
1. If I file a Motion for Modification of the Final Judgment, would that allow me to request a bank levy in order to continue receiving support payments, or would I need to file a Motion for Contempt in order to do that?
2. If I do attempt this legal action, do I have him personally served at the jail, or would I have it served on the attorney that is representing him in the Texas case?
3. Is it even worth bringing to light the fact that he has violated 2 Florida Court Orders by not notifying the courts that he moved to Texas over a year ago?
I'm really not trying to kick him while he's down, I just want to secure support for the children, if at all possible. My thought is that if I request the downward modification that could free up more of his monthly pension for his first wife's support order so that all 6 of his children (3 with me, 3 with her) are provided for consistently while he is incarcerated. However, it would be up to her to file with the court for her portion.
I thank you for taking the time to read this massive post, and appreciate any assistance in this matter.